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Category: Family Law
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Experience:  30 years as a family law lawyer .
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If a man books a house to rent week. He dies prior to s

Customer Question

If a man books a house to rent for the week. He dies prior to his week. The mistress wants to use the house but also the children want to use the house. The children know nothing of the mistress. Who is entitled to use the house.
Submitted: 10 months ago.
Category: Family Law
Expert:  RayAnswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.

Here the estate and the executor/administrator decides who the legal heirs are here and who gets to use the house.The state here is liable for the debt of the rental, the heirs here whoever they are have rights to use the rental as heirs under the estate.

You would look to the will here or if no will the laws of intestacy apply, the heirs have rights to this estate asset, to use it the rental.

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants
  • spouse inherits 1/2 of your intestate property
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything

The Spouse’s Share in South Carolina

In South Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great grandchildren. If you don’t, then your spouse inherits everything. If you do, then your spouse inherits 1/2 of your intestate property.

The mistress here unless she is named in the will as a legal heir would not have a claim under the law.The wife and children here take under laws of intestacy if there was no will.Sorry the law here would not recognize a mistress for inheritance purposes unless she is in the will.

I appreciate the chance to help you today.Thanks again.

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